ZPG & ASSOCIATES(Zambales.Pablo.
Gonzales)
LAW ON PUBLIC CORPORATIONS
A. General Principles
1. CORPORATION—an artificial being created by
operation of law, having the right of succession and
the powers, attributes and properties expressly
authorized by law or incident to its existence.
a. PUBLIC CORPORATION—one formed and
organized for the government of a portion of the State.
2. Classes of Corporation:
a. Public or Municipal—a body politic
and corporate constituted by
incorporation of inhabitants of city or
town for purposes of local government
thereof or as agency of State to assist
in civil government of the country; one
formed and organized for the
government of a portion of the State.
b. Private—one formed for some private
purpose, benefit, aim or end.
c. Quasi-Public—a private corporation
that renders public service or supplies
public wants.
d. Quasi-corporation—public
corporations created as agencies of
State for narrow and limited purpose.
3. Elements of Municipal Corporation
a. Legal creation or incorporation
b. Corporate name
c. Inhabitants
d. Territory
4. Dual Nature of Municipal Corporation
●Every local government unit created or
organized is a body politic and corporate endowed
with powers to be exercised by it in conformity with
law. As such, it shall exercise powers as political
subdivision of the National Government and as a
corporate entity representing the inhabitants of its
territory.
a. Public/Governmental—it acts as an
agent of the State for the government
of the territory and the inhabitants
within the municipal limits; it exercises
by delegation a part of the sovereignty
of the State.
b. Private/Proprietary—it acts in a
similar category as a business
corporation, performing functions not
strictly governmental or political; it
stands for the community in the
administration of local affairs. It acts as
a separate entity for its own purposes
and not as a subdivision of the State.
5. Criterion to determine whether corporation is
public:
The relationship of the corporation to the
State, i.e., if created by the State as its own agency to
help the State in carrying out its governmental
functions, then it is public, otherwise, it is private.
6. De Facto Municipal Corporation
1
--a corporation that may exist in fact although not
point of law because of certain defects in some
essential features of its incorporation.
7. Elements of De Facto Municipal Corporation:
a. A valid law authorizing incorporation
b. An attempt in good faith to organize
under it
c. A colorable compliance with the law
d. An assumption of corporate powers
8. Three forms of decentralization:
a. Devolution- is the transfer of power and
authority from the national government to
LGUs as the territorial and political
subdivisions of the State. The nature of
power transfer is political and the approach
is territorial or areal.
b. Deconcentration- is the transfer of power,
authority or responsibility, or the discretion
to plan, decide and manage from central
point or local levels, but within the central or
national government itself. The nature of
the transfer is administrative and the
approach is sectoral.
c. Debureaucratization- is the transfer of
some public functions and responsibilities,
which the government may perform, to
private entities or non-governmental
organizations; it is people’s empowerment
or participation in local governance.
●Decentralization of Administration- the central
government delegates administrative powers to
political subdivisions in order to broaden the base of
government power.
●Decentralization of Power (Political
Decentralization)- involves abdication of political
power in favor of LGU’s declared autonomous.
(Limbonas vs. Mangelin, 170 SCRA 786)
NOTE:
●Local Autonomy- is self-governing. It is
the granting of more powers, authority, responsibilities
and resources to the lower or local levels of a
government system. The principle of local autonomy
under the 1987 Constitution simply means
decentralization. It does not make the local
government sovereign within the state or an “imperium
in imperio.
Among the regulatory powers of the National
Government Agencies transferred or devolved to the LGUs
include the following:
1. The reclassification of agricultural lands- DAR to cities
and municipalities
2. Enforcement of environmental laws- DENR to all
LGUs
3. Inspection of food products and quarantine- DOH to
cities and municipalities
4. The enforcement of the National Building Code-
DPWH to cities and municipalities
5. The processing and approval of subdivision plans-
HLURB to cities and municipalities
 ZPG & ASSOCIATES(Zambales.Pablo.Gonzales)
6. The operation of tricycles- LTFRB to cities and
municipalities
7. The establishment of cockpits and holding of
cockfights- Philippine Gamefowl Commission to cities
and municipalities
Among the basic services and facilities devolved to
LGUs include:
1. Agricultural extension and on-site research of the
Department of Agriculture;
2. Community-based forestry project of the DENR;
3. Field health and hospital services and other tertiary
health services of the DOH;
4. Public works and infrastructure projects funded out of
local funds of the DPWH;
5. The school building program of the DECS;
6. Social welfare services of the DSWD;
7. Tourism facilities and tourism promotion and
development of the DOT;
8. Telecommunications services for provinces and cities
of the DOTC;
9. Housing projects for provinces and cities; and
10. Other services such as investment support.
9. How local autonomy enhances governmental
and corporate powers of LGUs:
a. Every local government unit shall have:
i. Full autonomy in their exercise of proprietary
rights and management of economic enterprises.
ii. Full authority to secure domestic or foreign
grants without the approval of the NGAs
concerned, unless these are projects with
national security implications, and
iii. Financial undertakings for LGUs for mutual
advantage thru loans and assistance to calamity-
stricken LGUs.
B. R.A. 7160—Policy and Application;
Constitutional Provisions
1. Effectivity—January 1, 1992
2. Scope of Application (Sec. 4, RA 7160)
Applicable to:
a. all provinces
b. cities
c. municipalities
d. barangays
e. and other political bodies as
may be created by law, and
f. to the extent provided in the
LGC (i.e. devolution of powers):
-officials
-offices, or
-agencies of the
National Government
3. Rules of Interpretation (Sec. 5, RA
7160)
a. Any provision on a local government unit
shall be liberally interpreted its
favor, and in case of doubt, any question
thereon shall be resolved in favor of
devolution of powers and of the lower local
government unit. Any fair and reasonable
doubt as to the existence of the power shall
2
be interpreted in favor of the local
government unit concerned;
b. In case of doubt, any tax ordinance or
revenue measure shall be construed strictly
against the local gov’t unit enacting it, and
liberally in favor of the taxpayer. Any tax
exemption, incentive or relief granted by any
local gov’t unit pursuant to the provisions of
this Code shall be construed strictly against
the person claiming it;
c. The general welfare provisions in this
Code shall be liberally interpreted to
give more powers to local gov’t units in
accelerating economic development
and upgrading the quality of life for the
people in the community.
d. Rights and obligations existing on the
date of effectivity of this Code and
arising out of contracts or any other
source of prestation involving a local
gov’t unit shall be governed by the
original terms and conditions of said
contracts or the law in force at the time
such rights were vested.
e. In the resolution of controversies
arising under this Code where no legal
provision or jurisprudence applies,
resort may be had to the customs and
traditions in the place where the
controversies take place.
4. Declaration of State Policy over LGU’s
(Sec. 2, RA 7160)
a. The territorial and political
subdivisions of the State shall
enjoy genuine and meaningful
local autonomy to enable them
to attain their fullest
development as self-reliant
communications and make
them more effective partners in
the attainment of national goals.
b. To ensure the accountability of
local gov’t units through the
institution of effective
mechanisms of recall, initiative
and referendum.
c. To require all national agencies
and offices to conduct periodic
consultations with appropriate
local gov’t units, non-
governmental and people’s
organizations and other
concerned sectors of the
community before any project
or program is implemented in
their respective jurisdictions.
II. INTER-GOVERNMENTAL RELATIONS
1. National Government and Local Government
Units
a. The President shall exercise general supervision
over LGUs.
 ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 3

i. The President shall exercise

supervisory authority directly over
provinces, highly urbanized cities and b. General responsibilities of the National
independent component cities. Government towards LGUs:
ii. The President shall exercise supervision i. formulate policies and set standards
over component cities and and guidelines
municipalities, through province, and ii. provide funding support
over barangays through city and iii. augment basic services assigned to
municipality. (Sec. 25) LGUs
iv. provide technical and other forms of
The President’s power of general assistance and coordinate on the
supervision over LGUs includes the discharge of NGA functions
authority to investigate and impose v. ensure the participation of LGUs in
disciplinary measures (suspension or planning and implementing national
removal) upon elective local officials. projects
vi. conduct mandatory consultations with
LGUs
Power of
General NOTE:
Basis Power of Control
Supervision ●No project shall be implemented by government
A. as to authorities without consultation with the local government units
nature of Legislative Executive and prior approval of the Sanggunian concerned. (Sec.27)
power
B. as to who President ●The requirement of prior consultation applies only to
exercises Congress assisted by the national projects and/or programs which are to be
the power DILG Secretary implemented in a particular local community. Although
-creation, sanctioned by the national government, the operation of lotto is
conversion of neither a program nor project of the national government but of
LGUs and charitable institution, the Philippine Charity Sweepstakes Office.
alteration of its The projects and programs mentioned in Sec. 27 should be
boundaries; interpreted to mean projects and programs whose
-allocate powers, environmental and ecological effects are among those
-oversee mentioned in Sec. 26 and 27 of the LGC (Lina vs. Pano, G.R.
responsibilities
whether LGUs No. 129093, August 30, 2001).
and resources
are performing
among LGUs;
their duties in c. Extent of the LCE’s authority over NGAs and their
-provide for
accordance functionaries:
qualifications,
C. as to with law;
election,
what the -investigate i. The LCE can call upon any employee
appointment,
power and impose stationed or assigned in his locality to
removal, term,
includes disciplinary advise him on matters affecting the LGU as
salaries and
measures upon well as coordinate with said officials, plans,
functions and
erring elective programs and projects.
duties of local
local ii. The LCE can enlist the attendance of the
officials;
government national official stationed in the LGU on a
-provide other
officials meeting of elective and appointed officials of
matters relating to
the organization the LGU treating matters in the promotion of
and operation of the general welfare of the residents.
LGUs; iii. The LCE can also initiate proper administrative
-amendment of or judicial action against national government
charters of LGUs. official or employee who may have committed
an offense while stationed or assigned in the
LGU.
 ZPG & ASSOCIATES(Zambales.Pablo.Gonzales) 4

Power of Control and Power of General

Supervision distinguished:

2. Inter-Local Government Relations

b. The city or municipality, through the mayor, shall ensure
a. The province, through the governor, shall ensure that that barangays act within the scope of their powers.
every component city and municipality acts within its
powers.
 b. Role of POs, zatio Series of
NGOs in the n, 1988.
LGUs: and
c. The governor shall ●LGUs shall enha 4. Local School
review all executive promote the nce Board
orders promulgated by establishment and the The DECS
the mayor. The mayor operation of econ shall consult the
shall review orders people’s and non- omic Board on the
promulgated by the governmental and appointment of
punong barangay. organizations as socia division
active partners. l superintendents,
The Sangguniang well- district supervisors,
Panlalawigan of a province ●LGUs may enter bein school principals,
reviews all ordinances into joint venture and g of and other school
enacted by the cooperative the officials.
Sangguniang Panlungsod of undertakings with peop
component cities and people’s and non- le. 5. Local Health
Sangguniang Bayan of governmental Board
municipalities under their organizations particularly c. Special Local
jurisdiction. In turn, the in the following: Bodies where the private 6. People’s Law
Sangguniang Panlungsod 1. deliv sector may participate in Enforcement
and Sangguniang Bayan ery local governance: Board (PLEB)
review all ordinances of
passed by the Sannguniang certa 1. Local III. CREATION,
Barangay under the in Development CONVERSION,
jurisdiction. basic Council DIVISION, MERGER
Likewise, the servi -a duly AND
Sangguniang Panlalawigan ces constituted body which CONSOLIDATION,
of a province exercises the 2. capa shall assist the AND ABOLITION OF
quasi-judicial function bility corresponding LGUs
(administrative disciplinary buildi Sanggunian in setting
authority) of hearing and ng the direction of A. Creation of LGUs:
deciding administrative and economic and social A local government
cases involving elective liveli development, and unit may be created,
municipal and component hood coordinating divided, merged,
city officials under their proje development efforts in abolished, or its
jurisdiction. In turn, the cts; its territorial boundaries substantially
Sangguniang Panlungsod and jurisdiction. altered by law enacted by
and Sangguniang Bayan 3. deve Congress in the case of a
exercise disciplinary lopin 2. Prequalificatio province, city,
authority over elective g n, Bids and municipality, or other
barangay officials within local Awards political subdivisions, or
their jurisdiction. enter Committee by Sanggunian
prise (PBAC) Panlalawigan or
3. Relations with s ●responsible Sanggunian Panlungsod
People’s Organizations desi for the conduct of ordinance in the case of a
and Non-Government gned prequalification of barangay. (Sec.6)
Organizations to contractors, bidding,
impr evaluation of bids, NOTE:
a. Private Sector ove and the ●nature of the power to
Participation in prod recommendation of create: LEGISLATIVE
Local Governance uctivi awards concerning
Purpose: to ensure ty local infrastructure 1. While the power to
the viability of local and projects. create barangays has
autonomy as an inco ●governor or been delegated to
alternative strategy me, the city or Sanggunian
for sustainable diver municipality mayor: Panlalawigan and
development. sifies Chairman Sangguniang
LGUs shall agric Panlungsod, Congress, in
encourage private- ultur 3. Local Peace order to enhance the
sector participation e, and Order delivery of basic services
in the delivery of spur Council, in indigenous cultural
basic services. rural pursuant to communities, may create
indu E.O. No.309, barangays in such
striali as amended, communities
notwithstanding the a. Role: serves nt, but it the 1991
requirements set forth by as the primary planning must be constant
law. (Sec.385a, LGC) and implementing unit of contiguou prices.
government policies, s but it 3. Land
2. The creation or plans programs, projects need not Area- a
conversion of a local and activities in the be contiguou
government unit to community, and as a contiguou s territory
another level shall be forum wherein the s if the of 50
based on the following collective views of the barangay square
verifiable indicators of people may be is kilometers
viability and projected expressed, crystallized comprise .
capacity to provide and considered, and d with two
services: where disputes may be or more 3. Creation of
a. Sufficient amicably settled. islands. Component Cities
income and a. Role- serves
b. Population b. Who NOTE: primarily as a general
and/or creates: a barangay ●The creation of the new purpose government for
c. Land area may be created, divided, barangay shall not the coordination and
merged, abolished or its however reduce the delivery of basic, regular
NOTE: Compliance with boundary substantially population of the original and direct services and
the above-cited indicators altered by law or by an barangay to less than the effective governance of
shall be attested by the ordinance of the minimum requirement the inhabitants within its
Department of Finance, Sangguniang prescribed in the Code. territorial jurisdiction.
the National Statistics Panlalawigan or (Sec.386, LGC)
Office and the Land Sangguniang b. Who
Management Bureau of Panlungsod. Where a 2. Creation of creates- may be created,
the DENR, respectively. barangay is created by an Municipalities divided, merged or
ordinance of the a. Role: serves abolished, or its boundary
3. Necessity of Fixing Sangguniang primarily as a general substantially altered only
Corporate Limits: Panlalawigan, the purpose government for by an act of Congress
As a matter of recommendation of the the coordination and subject to the criteria
general rule, municipal Sangguniang Bayan delivery of basic, regular provided in the Code.
corporations cannot, concerned shall be and direct services and
without legal necessary. effective governance of c.
authorization, exercise its the inhabitants within its Substantive
powers beyond its own c. Substantive territorial jurisdiction. Requisites:
corporate limits. It is Requisites: 1. Populatio
necessary that it must 1. Populatio b. Who n- at
have its boundaries fixed, n- at least creates: may be created, least
definite and certain, in 2000 divided, merged, 150,000
order that may be inhabitant abolished or its boundary inhabitan
identified and that all may s substantially altered only ts
know the exact scope or ●Except in by an act of Congress 2. Income-
section of territory or cities and subject to the criteria at least
geographical division municipalities established by the Code. P100
embraced within the within Metro million
corporate limits and over Manila or in c. Substantive for the
which the municipal highly Requisites: last two
corporation has urbanized 1. Populatio consecut
jurisdiction. A description cities—must n- at least ive years
of the boundaries of a be at least 25,000 3. Land
municipal corporation is 5000 inhabitant Area-
said to be an essential inhabitants s contiguo
part of its charter and 2. Income- us
necessary to corporate 2. Income- average territory
existence. An no annual of at
incorporation is void minimum income of least 100
where the boundaries of income at least square
the municipal corporation requireme P2.5 kilometer
are not described with nt million for s
certainty. the last
3. Land two NOTE:
4. Manner of Creation Area- no consecuti ●The Internal
1. Creation of minimum ve years Revenue Allotments shall
Barangays: requireme based on
be included in the
computation of the
average annual income of
the municipality for
purposes of determining
whether the municipality
may be validly converted
into a city. Income is
defined in the LGC to be
all revenues and receipts
collected or received
forming the gross
accretions of funds of the
local government unit.
The IRAs are regular and
recurring income and not
merely special funds or
transfers and/or
budgetary aids from the
national government or
non-recurring income.
The IRAs regularly and
automatically accrue to
the local treasury without
need of any further action
on the part of the local
government unit
(Alvarez vs. Guingona,
252 SCRA 695) .
4. Conversion of a
Component City into a
Highly Urbanized City
a. If a component
city shall have met the
minimum requirements
for a highly urbanized
city, it shall be the duty of
the President to declare
the city as highly
urbanized city upon: (1)
proper application and (2)
upon ratification in a
plebiscite by the majority
of registered voters
therein.
b. Substantive
Requisites:
1. Populatio
n- at
least
200,000
inhabitan
ts
2. Income-
at least
P50
million
5. Creation of
Provinces
a. Role- as a
political and corporate
unit of government, it
serves as a dynamic Existing sub-
mechanism for provinces are converted
development processes into regular provinces
and effective governance upon the approval by a
of local government units majority votes cast in a
within its territorial plebiscite to be held in
jurisdiction. the said sub-province and
the original province
b. Who directly affected.
creates- may be created, (Sec.462, LGC)
divided, merged, or
abolished, or its boundary 7. Autonomous
substantially altered, only Regions
by an act of Congress, The Philippine
subject to the satisfaction Constitution mandates
of the criteria set forth by the creation of
the LGC. autonomous regions in
Muslim Mindanao and in
c. Substantive the Cordilleras consisting
Requirements: of provinces, cities,
1. Populatio municipalities, and
n- not geographical areas
less than sharing common and
250,000 distinctive historical and
inhabitant cultural heritage, and
s economic and social
2. Income- cultures. (Sec.15, Art.10,
average PC)
annual
income of NOTE:
at least ●RA 6734, the
P20 organic act establishing
million the Autonomous Regional
3. Land Government of Muslim
Area- a Mindanao was held valid
contiguou by the Supreme Court.
s territory (Datu Firdausi Abbas
of at least vs. COMELEC, 179
2000 SCRA 287). However,
square the sole Province of
kilometers Ifugao which, in the
plebiscite, alone voted in
NOTE: favor of RA 6766, cannot
●BP 885, which validly constitute the
created the Province of Autonomous Region of
Negros del Norte was the Cordilleras. (Ordillo
declared unconstitutional vs. COMELEC, 192
because it did not comply SCRA 100)
with the land area
criterion prescribed under 8. Special
the LGC. The use of the Metropolitan Political
word territory in Sec. 17 Subdivisions
of the LGC refers only to The Congress may,
the physical mass of land by law, create special
area, not to the waters metropolitan political
comprising a political subdivisions, but the
entity. It excludes the component cities and
waters over which the municipalities shall retain
political unit exercises their basic autonomy and
control (Tan vs. shall be entitled to their
Comelec, 142 SCRA own local executives and
727). legislative assemblies.
The jurisdiction of the
6. Status of Sub- metropolitan authority
provinces that will be thereby
created shall be limited to
basic services requiring
coordination. (Sec. 11,
Art. X, PC)
NOTE:
●With the
passage of RA 7924,
Metropolitan Manila was
declared as a “special
development and
administrative region” and
the administration of
“metrowide basic services
affecting the region was
placed under a
“development authority”
referred to as the
Metropolitan Manila
Development Authority
(MMDA), whose functions
were without prejudice to
the autonomy of the
affected local government
units. The law does not
grant police nor
legislative powers to
MMDA. Even the Metro
Manila Council, the
governing board of the
MMDA, has not been
delegated any legislative
power. Clearly, MMDA is
not a political unit. There
is no grant of authority to
enact ordinances and
regulations for the
general welfare of the
inhabitants of the
metropolis. MMDA
cannot open for public
use a private road in a
private subdivision
(MMDA vs. Bel-Air
Village Association,
Inc., G.R. No. 135962,
March 27, 2000).
9. Attack against
invalidity of
incorporation
No collateral
attack shall lie; an inquiry
into the legal existence of
a municipal corporation is
reserved to the State in a
proceeding for quo
warranto or other direct
proceeding. But this rule
applies only when the
municipal corporation is,
at least, a de facto
municipal corporation.
10. PLEBISCITE Requirements in the its creation under the contrary,
REQUIREMENT: Who Creation of LGUs LGC, as certified by the when a
shall participate national agencies to territory is
Sec. 10 of the LGU Created Income Congress or to the annexed
LGC provides that the Sanggunian concerned. to a
creation, division and Likewise, the law or, municipal
merger, abolition or ordinance abolishing an corporatio
substantial alteration of No minimum LGU shall specify the n, it shall
the boundaries of local Barangay province, city, become
requirement
government units must be municipality, or barangay subject to
approved by a majority of with which the local all the
votes cast in a plebiscite Municipality P2.5 million government unit sought laws and
in the political unit or units Component to be abolished will be ordinance
directly affected. Such P100 million incorporated or merged. s by
City
plebiscite shall be Highly (Sec.9, LGC) which the
conducted by the Urbanized P50 million annexing
COMELEC within 120 City 14. Effects of corporatio
days from the date of the Province P20 million Annexation/Consolidati n is
effectivity of the law. The on of Municipal governed.
completion of the 11. Beginning of Corporations 3. On the
publication of the law Corporate Existence 1. On the right of
should be the reckoning When a new local legal officers or
point in determining the government unit is existence employee
120-day period within created, its corporate of the s of the
which to conduct the existence shall territory annexed
plebiscite, not from the commence upon the annexed- or
date of its approval when election and qualification Unless consolidat
the law had not yet been of its chief executive and otherwise ed
published. Since a majority members of provided territory to
publication is the Sanggunian, unless for by law, continue
indispensable for the some other date is fixed the to hold
effectivity of a law, a therefore by law or annexatio their
plebiscite can be ordinance creating it. n of one offices-
scheduled only after the (Sec.14, LGC) municipal Subject to
law creating a city took corporatio what the
effect. (Cawaling vs. 12. Division and n to legislature
COMELEC, Oct. 26, Merger of LGUs another may
2002) The division and will provide
The plebiscite for merger of local dissolve upon
the creation of a new government units shall the annexatio
province or municipality comply with the same annexed n, the
shall include the requirements for their territory. officers
participation of the creation. The income, It shall and
residents of the mother population or land area become employee
province or mother shall not be reduced to part of the s of the
municipality in order to less than the minimum annexing annexed
conform to the requirements. Likewise, corporatio or
constitutional the income classification n and will consolidat
requirement. (Padilla vs. of the original local fall under ed
COMELEC, 214 SCRA government unit shall not the territory
735) fall below its current jurisdictio shall
income classification prior n of the terminate
●In the to such division. (Sec.8, latter. their
conversion of a LGC) 2. On the official
municipality into a laws and relation
component city, however, 13. Abolition of LGUs ordinance with their
only the registered voters A local s of the offices.
of the municipality sought government unit may be annexed 4. On the
to be converted into a abolished when its corporatio title to the
component city, shall income, population or n- In the property
participate in the land area has been absence of the
plebiscite. irreversibly reduced to of any annexed
less than the minimum provision territory-
Summary of standards prescribed for of law to When a
Substantive the municipal
corporatio the the c. Charter
n is annexing absence (particularly of cities)
annexed territory is of any d. Doctrine of the
to not provision right of self-government,
another, required to the but applies only in States
the to pay for contrary. which adhere to the
annexing said The same doctrine.
territory buildings rule
shall or applies of
acquire improvem consolidat 2. Classifications:
title to the ents as ion where a. Express, implied
property they have the and inherent
of the already consolidat b. Public or
annexed been paid ing governmental, private or
territory at for by the municipal proprietary
the time annexed corporatio c. Intramural or
of territory. n is held extramural
annexatio It would responsibl d. Mandatory and
n without be e for the directory, ministerial and
compens otherwise indebtedn discretionary
ation if there ess and
unless the exists an obligation 3. Execution of powers:
annexing indebtedn s incurred a. Where the statute
statute ess on by the prescribes the manner of
provides said territories exercise, the procedure
otherwise. buildings which are must be followed.
Where in which consolidat b. Where the statute
the case, the ed. is silent, local government
annexed annexing units have discretion to
territory, state may 15. Effects of Division select reasonable means
however, be of LGUs and methods of exercise.
forms part required On the legal
of a to share existence of the original B. GOVERNMENTAL
municipali in the corporation: The division POWERS:
ty from payment of municipal corporation 1. General Welfare
which it is of said extinguishes the Clause- the statutory
taken, the indebtedn corporate existence of the grant of police power to
legislature ess. original municipality. local government units.
may 5. On the On the property, ●Limitations:
provide debts and powers and rights of the a. Express grant by law
for the obligation original corporation: b. Exercisable only within
payment s of the Unless the law provides the territorial limits of the
of annexed otherwise, when a LGU, except for
compens territory- It municipal corporation is protection of water supply
ation for has been divided into two or more c. Equal protection clause
the stated municipalities, each d. Due process clause
indebtedn that debts municipality acquires title e. Must not be contrary to
ess and to all the property, the Constitution and the
incurred obligation powers, rights and laws.
on s of a obligations falling within
account municipal its territorial jurisdiction. NOTE:
of the corporatio A local
property n government unit may
taken. contracte IV. GENERAL exercise delegated
Wi d before POWERS AND governmental powers:
th regard its ATTRIBUTES OF ●Police power (under the
to public annexatio LGUs General Welfare Clause)
buildings n to A. Powers in general ● Power of Taxation
and another ● Power of Eminent
improvem territory 1. Sources: Domain
ents shall be a. Sec. 25, Art II:
located in assumed Secs. 5,6 and 7, Art. X, a. Requisites for the
the by the Philippine Constitution validity of a municipal
annexed annexing b. Statutes, e.g., R.A. ordinance:
territory, territory in 7160
 1. Must not §17, LGC—(a) Local local taxes. (Basco vs. consistent with the basic
contravene the government units shall PAGCOR, 197 SCRA policy of local autonomy.
Constitution endeavor to be self- 52) The Sanggunian
and any statute; reliant and shall continue concerned through an
2. Must not be exercising the powers ●Main Sources of ordinance has the power
unfair or and discharging the Revenues of LGUs to impose a tax, fee or
oppressive; duties and functions A. Under the charge. The procedural
3. Must not be currently vested upon Constitution requirements of public
partial or them. They shall also 1. taxes, hearing and publication
discriminatory; discharge the functions fees must be observed for
4. Must not and responsibilities of and purposes of compliance
prohibit, but national agencies and charg with the requirements of
may regulate offices devolved to them es due process.
trade which is pursuant to this Code. (§5,
not illegal per Local government units Art. C. Fundamental
se; shall likewise exercise X) Principles on Local
5. Must not be such other powers and 2. share taxation
unreasonable; discharge such other in the 1. Taxation shall
and functions and nation be uniform in
6. Must be responsibilities as are al each local
general in necessary, appropriate, taxes- government
application and or incidental to efficient Intern unit;
consistent with and effective provision of al 2. Taxes, fees,
public policy. the basic services and Reve charges and
facilities enumerated nue other
●An ordinance under the Code. Allot impositions
extending burial ment shall:
assistance of P500 to a ●Devolution refers to the 3. share a. be equitable
bereaved family whose act by which the national in the and based as
gross income does not government confers proce far as
exceed P2,000 a month, powers and authority eds of practicable on
has been upheld by the upon the various local the the taxpayer’s
Supreme Court as a valid government units to utiliza ability to pay;
exercise of police power. perform specific functions tion b. be levied and
This power is organic and and responsibilities. This and collected only
flexible. The care for the includes the transfer to devel for public
poor is generally the local government opme purposes;
recognized as a public units of the records, nt of c. not be unjust,
duty. The support for the equipment and other the excessive,
poor has long been an assets and personnel of nation oppressive or
accepted exercise of national agencies and al confiscatory;
police power in the offices. wealt d. not be contrary
promotion of common h to law, public
good. The police power 3. Power to generate within policy, national
of a municipal corporation and apply resources their economic
is broad and (§18, LGC) areas policy, or in
commensurate with the The exercise by (§7, restraint of
duty to provide for the local governments of the Art. trade.
real needs of the people power to tax is ordained X) 3. The collection
in their health, safety, by the present B. Under the Local of taxes, fees,
comfort, and convenience Constitution (§5, Art. X, Government charges and
as consistently as may be Phil. Constitution). Only Code other
with private rights. It guidelines and limitations 1. floatin impositions
extends to all the great that may be established g of shall in no case
public needs and in a by Congress can define bonds be let to any
broad sense includes all and limit such power of 2. grant private persons;
legislation and almost local governments. But s/aids 4. The revenue
every function of the local governments have collected
municipal government. no power to tax ●All LGUs are pursuant to the
(Binay vs. Domingo, instrumentalities of the empowered to create provisions of
201 SCRA 508) National Government. their own sources of the LGC shall
PAGCOR being an revenue and to levy inure solely to
instrumentality of the taxes, fees and charges the benefit of,
2. Basic Services and National Government is subject to the provisions and be subject
Facilities: therefore exempt from on local taxation to disposition
 by, the local ●How National Wealth
government is Distributed
unit levying the If the national
tax, fee, charge wealth is located in one
or other province, the province
imposition shall receive 20%, the
unless component
otherwise city/municipality shall
specifically receive 45% and the
provided barangays 35%.
herein; and If the national
5. Each local wealth is located in two or
government more LGUs, distribution
unit shall, as far shall be based on the
as practicable, following: population-
evolve a 70% and land area- 30%.
progressive If the national
system of wealth is located in highly
taxation. urbanized city or
independent component
NOTES: city, the HUC or ICC shall
●Shares of LGUs in receive 65% and the
the proceeds of barangays shall receive
national taxes 35%.
The share of the
LGU in Internal Revenue D.
Taxes is 40%. The 40% Fundamental
IRA is allocated to LGUs Principles of Local
as follows: for provinces Fiscal Administration
and cities- 23%; for 1. No money shall
municipalities- 34%; for be paid out of the local
barangays- 20%. treasury except in
No less than 20% pursuance of an
of the IRA is allotted for appropriation ordinance
development project by or law;
the local unit from the 2. Local
IRA. government funds and
monies shall be spent
●Shares in National solely for public
Wealth purposes;
40% of the gross 3. Local revenue
collection from mining is generated only from
taxes, royalties, forestry the sources expressly
and fishery charges, and authorized by law or
from each share in any ordinance, and collection
joint effort in utilizing and thereof shall at all times
developing the national be acknowledged
wealth within the LGU’s properly;
jurisdiction and shall be 4. All monies
remitted without need for officially received by a
further action to the local local government officer
treasurer on a quarterly in any capacity or on any
basis within five days occasion shall be
after the end of every accounted for as local
quarter. funds, unless otherwise
LGUs shall provided by law;
receive 1% of the gross 5. Trust funds in
sale or receipts of the the local treasury shall
preceding calendar year not be paid out except in
and 40% of taxes, fees or fulfillment of the purpose
charges that GOCCs for which the trust is
would have paid if not tax created or the funds
exempt, whichever is received.
higher. 6. Every officer of
the local government unit
whose duties permit or
require the possession or
custody of local funds
shall be properly bonded,
and such officer shall be
accountable and
responsible for said funds
and for the safekeeping
thereof in conformity with
the provisions of law.
7. Local
governments shall
formulate sound financial
plans, and the local
budgets shall be based
on functions, activities
and projects, in terms of
expected results.
8. Local budget
plans and goals shall, as
far as practicable, be
harmonized with national
development plans, goals
and strategies in order to
optimize the utilization of
resources and to avoid
duplication in the use of
fiscal and physical
resources.
9. Local budgets
shall operationalize
approved development
plans.
10. Local
government units shall
ensure that their
respective budgets
incorporate the
requirements of their
component units and
provide for equitable
allocation of resources
among these component
units.
11. National
planning shall be based
on local planning to
ensure that the needs
and aspirations of the
people as articulated by
the local government
units in their respective
local development plans
are considered in the
formulation of budgets of
national line agencies or
offices.
12. Fiscal
responsibility shall be
shared by all those
exercising authority over
the financial affairs,
transactions, and
operations of the local
government units.
13. The local
government unit shall
endeavor to have a
balanced budget in each
fiscal year of operation.
4. Eminent Domain
(§19, LGC)
The power to
expropriate private
property has been
delegated by Congress to
LGUs under §19, LGC.
The exercise by LGUs of
the power of eminent
domain are subject to the
usual constitutional
limitations such as
necessity, private
property, taking, public
use, just compensation
and due process of law.
The determination
of whether there is
genuine necessity for the
exercise of the power of
eminent domain is a
justiciable question when
exercised by the LGUs
and generally a political
question when exercised
by Congress.
NOTE:
Private property already
devoted to public use can
still be a subject of
expropriation by
Congress but not by
LGUs.
The additional
limitations on the exercise
of the power of eminent
domain by LGUs are, as
follows:
1. Exercised only by the
local chief executive,
acting pursuant to a valid
ordinance;
2. For public use or
purpose or welfare, for
the benefit of the poor
and the landless;
3. Only after a valid and
definite offer had been
made to, and not
accepted by, the owner;
4. An LGU shall file a
complaint for
expropriation on the
strength of an ordinance
and not a mere resolution
passed by the for ●Provided that panlalawigan may
Sanggunian. (Municipality agricul agricultural land change the name of the
of Paranaque vs. VM tural distributed to land reform following within its
Realty Corp., 292 SCRA purpos beneficiaries shall not be territorial jurisdiction:
676) es as affected by such i.
deter reclassification. Component
●The promulgation of the mined cities and
ordinance authorizing the by the b. Closure municipalities,
local chief executive to Depart and opening of roads upon the
exercise the power must ment (§21, RA 7160) recommendatio
be promulgated prior to of A n of the
the filing of the complaint Agricul local government unit sangguniang
for eminent domain with ture; may, pursuant to an concerned;
the proper court, and not ii. Where ordinance, permanent or ii.
after the court shall have the land temporarily close or open Provincial roads,
determined the amount of shall have any local road, alley, avenues, boulevards,
just compensation to substantiall park, or square falling thoroughfares and
which the defendant is y greater within its jurisdiction, bridges;
entitled. (Heirs of economic provided that in case of iii.
Suguitan vs. City of value for permanent closure, such Public
Mandaluyong, 328 residential, ordinance must be vocational or
SCRA 137) commercial approved by at least 2/3 technical
or industrial of all the members of the schools and
NOTE: purposes sanggunian, and when other post
●An LGU may as necessary, and adequate secondary and
immediately take determined substitute for the public tertiary schools;
possession of the by the facility shall be provided. iv.
property upon filing of sanggunian Provincial
expropriation proceedings ; provided NOTE: hospitals,
and deposit in court of that such ●Additional limitations in health centers,
15% of the FMV of the reclassificat case of permanent and other
property. ion shall be closure: health facilities;
limited to i. Adequate and
5. Other powers the provision for the v.
a. following maintenance of public Any other
Reclassification of percentage safety must be made; public place or
lands (§20, RA 7160) of the total ii. The property building owned
A city or agricultural may be used or by the
municipality land area at conveyed for provincial
may, through the time of any purpose for government.
an ordinance the which other real
passed after passage of property may 2. Highly
conducting the be lawfully used Urbanized and
public hearings ordinance: or conveyed, Independent
for the purpose, but no freedom Component Cities- The
may authorize ●for highly park shall be sanggunians of HUCs
the urbanized closed and ICCs may change
reclassification cities and permanently the name of the following
of agricultural independen without within its territorial
lands and t provision for its jurisdiction:
provide for the component transfer or i. City
manner of their cities: 15% relocation to a barangays,
utilization or ●for new site. upon the
their component recommendatio
disposition: cities and ●Temporary closure may n of the
i. When 1st to 3rd be made during an actual sangguniang
the class emergency, fiesta barangay
land municipaliti celebrations, public concerned;
cease es: 10% rallies, etc. ii.
s to be ●for 4th and City roads,
econo 6th class c. Naming of avenues,
mically municipaliti LGUs, public places, boulevards,
feasibl es: 5% streets and structures thoroughfares,
e and 1. Provinces- and bridges;
sound The sangguniang
 iii. health centers concerned, and the it
Public and other Bureau of Posts shall be y
elementary, health facilities; notified. (§13, LGC) s
secondary and and h
vocational or v. d. Settlement al
technical Any other of boundary disputes l
schools, public place or (§118 a-d, RA 7160): b
community building owned Boun e
colleges and by the dary disputes re
non-chartered municipal between and fe
colleges; government. among local rr
iv. government e
City hospitals, NOTES: units shall, as d
health centers ●None of the foregoing much as fo
and other local government units, possible, be r
health facilities; institutions, places, or settled s
and buildings shall be named amicably. To et
v. after a living person, nor this end: tl
Any other may a change of name a. e
public place or be made unless for a Bound m
building owned justifiable reason and, in ar e
by the city any case, not oftener y nt
government. than once every ten di to
years. The name of a s th
3. local government unit or a p e
Component Cities and public place, street or ut s
Municipalities- The structure with historical, e a
sanggunians of cultural, or ethnic s n
component cities and significance shall not be in g
municipalities may changed, unless by a v g
change the name of the unanimous vote of the ol u
following within its sanggunian concerned vi ni
territorial jurisdiction: and in consultation with n a
i. the Philippine Historical g n
City and Commission. t g
municipal w p
barangays, ●A change of name of a o a
upon public school shall be or nl
recommendatio made only upon the m u
n of the recommendation of the or n
sangguniang local school board e g
barangay concerned. b s
concerned; ar o
ii. ●A change of name of a d
City, municipal public hospitals, health n or
and barangay centers, and other health g s
roads, avenues, facilities shall be made a a
boulevards, only upon the y n
thoroughfares, recommendation of the s g
and bridges; local health board in g
iii. concerned. th u
City and e ni
municipal public ●The change of name of s a
elementary, any local government unit a n
secondary and shall be effective only m g
vocational or upon ratification in a e b
technical plebiscite conducted for ci a
schools, post- the purpose in the ty y
secondary and political unit directly or a
other tertiary affected. m n
schools; ●In any change of name, u c
iv. the Office of the ni o
City and President, the ci n
municipal representative of the p c
hospitals, legislative district al er
 n et p n
e tl o c
d. e n e
b. m e s
Bound e nt c
ar nt ci o
y to ti n
di th e c
s e s er
p s of n
ut a di e
e n ff d.
s g er d.
in g e Bound
v u nt ar
ol ni pr y
vi a o di
n n vi s
g g n p
t p c ut
w a e e
o nl s s
or al s in
m a h v
or w al ol
e ig l vi
m a b n
u n e g
ni c jo a
ci o in c
p n tl o
al c y m
iti er re p
e n fe o
s e rr n
w d. e e
it c. d nt
hi Bound fo ci
n ar r ty
th y s or
e di et m
s s tl u
a p e ni
m ut m ci
e e e p
pr s nt al
o in to it
vi v th y
n ol e o
c vi s n
e n a th
s g n e
h m g o
al u g n
l ni u e
b ci ni h
e p a a
re al n n
fe iti s d
rr e of a
e s th n
d or e d
fo c pr a
r o o hi
s m vi g
hl nt shall be maintained and
y to continued for all legal Approval of
ur th purposes. (§119, LGC) ordinances:
b e Ordinances
a re e. Authority passed by the
ni s over police units (§6, sangguniang
z p Art. XVI, Philippine panlalawigan,
e e Constitution) sangguniang panlungsod
d ct The State shall or sangguniang bayan
ci iv establish and maintain shall be approved:
ty e one police force, which If the local chief executive
o s shall be national in scope approves the same,
n a and civilian in character, affixing his signature on
th n to be administered and each and every page
e g controlled by a National thereof.
ot g Police Commission. The If the local chief executive
h u authority of local vetoes the same, and the
er ni executives over the police veto is overridden by 2/3
, a units in their jurisdiction vote of all the members of
or n shall be provided by law. the sanggunian.
t s
w of 6. LOCAL ●Where petitioner was
o th LEGISLATIVE POWER charged with falsification
or e A. Products of a public document for
m p of legislative action approving a resolution
or ar 1. which purportedly
e ti Ordinance- appropriated money to
hi e prescribes a pay for the terminal leave
g s. rule of conduct. of 2 employees when
hl Procedure: 2. actually no such
y In the event the Resolution- of resolution was passed,
ur sanggunian fails to effect temporary the petitioner argued that
b an amicable settlement character, or his signature on the
a within 60 days from the expresses resolution was merely
ni date the dispute was sentiment. ministerial. The Supreme
z referred thereto, it shall Court disagreed, saying
e issue a certification to B. Requisites that the grant of the veto
d that effect. Thereafter, for validity: power accords the Mayor
ci the dispute shall be 1. the discretion whether or
ti formally tried by the Must not not to approve the
e sanggunian concerned contravene the resolution. (De Los
s, which shall decide the Constitution Reyes vs.
s issue within 60 days from and any statute Sandiganbayan, G.R.
h the date of the 2. 121215, Nov. 13,
al certification referred to Must not be 1997)
l above. unfair or
b Within the time oppressive
e and manner prescribed 3. NOTES:
jo by the Rules of Court, Must not be
in any party may elevate the partial or 1. The vice governor, the
tl decision of the discriminatory vice mayor and the
y sanggunian concerned, 4. punong barangay shall be
re any party may elevate the Must not the presiding officer of the
fe decision of the prohibit, but sanggunians but shall
rr sanggunian concerned to may regulate vote only in case of tie.
e the proper Regional Trial trade
d Court having jurisdiction 5. 2. In case of inability of
fo over the area in dispute. Must not be the presiding officer, the
r The Regional Trial Court unreasonable members shall elect a
s shall decide the appeal 6. temporary presiding
et within one (1) year from Must be officer from among
tl the filing thereof. general in themselves. (§49)
e Pending final resolution of application and
m the case, the disputed consistent with 3. For disorderly
e area prior to the dispute public policy. behavior and absence
without justifiable cause sanggunian members. approval by a majority of bayan
for 4 consecutive Unless concurred in by all its members, be concerned, it
sessions, a member may 2/3 vote of the members signed by the Punong shall declare
be censured, present, no matter may Barangay. The latter has such ordinance
reprimanded, excluded be reconsidered at the no veto power. or resolution
from the session, special session except invalid in whole
suspended for not more those stated in the notice. 12. Review or in part. If no
than 60 days, or expelled. (§52) a. The action is taken
Suspension or expulsion 6. A majority of all the sangguniang within 30 days,
shall require concurrence members of the panlalawigan the ordinance
of at least 2/3 of all sanggunian shall shall review or resolution is
sanggunian members. A constitute a quorum. ordinances and presumed
member sentenced by (§53) resolution of consistent with
final judgment to cities and law, and
imprisonment for at least 7. An ordinance shall be municipalities to therefore, valid.
one year for a crime approved by the local determine if
involving moral turpitude chief executive by affixing they are within b. The
shall be automatically his signature in each and their power. sangguniang
expelled. (§50) every page thereof. (§56) panlungsod or
Procedure: bayan shall
4. Every sanggunian 8. The governor or review
member, upon mayor may veto any item Within 3 days sangguniang
assumption of office shall in the following cases: after approval, barangay
make a full disclosure of a. Particular item the secretary of ordinances to
his business and financial or items in an the determine if
interests. He shall also appropriations sangguniang they are lawful.
disclose any business, ordinance panlungsod (in (§57)
financial or professional b. Ordinance component
relationship or any adopting a local cities) or ●Procedure:
relationship within the 4th development sangguniang Within 10 days
degree which he may plan and public bayan shall from enactment, the
have with anyone investment forward to the sangguniang
affected by any ordinance program sangguniang barangay shall
or resolution of the c. Ordinance panlalawigan furnish copies of all
sanggunian which directing the for review barangay
involves a conflict of payment of copies of ordinances to the
interests. money or approved sangguniang
●Such relationship creating liability. ordinances and panlungsod or
includes: (§55) resolutions sangguniang bayan
i. Investment approving the for review. If the
in the entity 9. The grounds for veto local reviewing
to which are: development sanggunian finds the
the a. The ordinance is plans and barangay
ordinance ultra vires public ordinances
may apply b. Or that it is investment inconsistent with law
ii. Contracts prejudicial to programs or city or municipal
with any person public welfare formulated by ordinances, the
to which the the local sangguniang
ordinance may 10. The veto shall be development concerned shall,
apply communicated to the councils. The within 30 days from
●Conflict of sanggunian within 15 sangguniang receipt thereof,
interests refers to a days in the case of a panlalawigan return the same with
situation where a province and 10 days in shall review the its comments and
sanggunian member may the case of a city or same within 30 recommendations to
not act in the public municipality; otherwise, days; if it finds the sangguniang
interest due to personal the ordinance shall be that the barangay for
consideration that may deemed approved, as if ordinance or adjustment,
affect his judgment to the he signed it. The resolution is amendment or
prejudice of the public. sanggunian may override beyond the modification, in
(§51) the veto by 2/3 of all its power which case the
members. (§54) conferred upon effetivity of the
5. A special session may the ordinance is
be called by the local 11. Ordinances enacted sangguniang suspended until the
chief executive or a by the sangguniang panlungsod or revision called for is
majority of the barangay shall, upon sangguniang effected. If no action
 is taken by the main features on is that it the
sangguniang of the came from existence
panlungsod or ordinance shall the State of a valid
sangguniang bayan be published in upon the lease of
within 30 days, the a local creation of the public
ordinance is deemed newspaper of the plaza or
approved. general municipalit part
circulation. In y and, thereof,
13. Enforcement of the absence of thus, is the
disapproved such governme municipal
ordinances/resolutions: newspaper, it ntal or resolution
Any attempt to shall be public effectively
enforce an ordinance or published in property. terminated
resolution approving the any newspaper (Salas the
local development plan of general vs. agreement
and public investment circulation. (§59 Jarencio, , for it is
program, after the 48 SCRA settled that
disapproval thereof, shall C. Corporate Powers 734; the police
be sufficient ground for (§22, RA 7160) Rebuco power
the suspension or 1. To have continuous vs. cannot be
dismissal of the official or succession in its Villegas, surrendere
employee concerned. corporate name 55 SCRA d or
2. To sue and be sued 656) bargained
14. Effectivity 3. To have and use a d. Town away
a. Unless corporate seal plazas are through
otherwise 4. To acquire and convey properties the
stated in the real or personal property of public medium of
ordinance, it a. The local dominion; a contract
shall take effect governme they may (Villanue
after 10 days nt unit may be va vs.
from posting at acquire occupied Castaned
the provincial real or temporarily a, 154
capitol or city, personal, , but only SCRA
municipal or tangible or for the 142).
barangay hall intangible duration of
and two other property, in an 5. Power to enter into
conspicuous any emergenc contracts
places. manner y a. Requisites of a
b. The gist of all allowed by (Espiritu valid municipal
ordinances with law, e.g., vs. contracts
penal sanction sale, Municipal i. T
shall be donation, Council h
published in a etc. of e
newspaper of b. The local Pozorrubi lo
general governme o, c
circulation in nt unit may Pangasin al
the province. In alienate an, 102 g
the absence of only Phil. o
such patrimonial 866). v
newspaper, the property, e. A public er
ordinance shall upon plaza is n
be posted in all proper beyond m
municipalities authority. the e
and cities of the c. In the commerce nt
province where absence of of man, u
the sanggunian proof that and ni
of origin is the cannot be t
situated. property the subject h
c. In highly was of lease or a
urbanized and acquired other s
independent through contractual th
component corporate undertakin e
cities, in or private g. And, e
addition to funds, the even x
posting, the presumpti assuming pr
 e ar nt th
s t er e
s, m e s
i e d a
m nt in n
pl , to g
ie b b g
d o y u
or ar th ni
in d, e a
h c lo n
er o c g
e m al c
nt m c o
p itt hi n
o e ef c
w e, e er
er of x n
to fi e e
e c c d.
nt er ut iii. T
er or iv h
in a e e
to g o c
th e n o
e nt b nt
p . e ra
ar U h ct
ti nl al m
c e f u
ul s of st
ar s th c
c ot e o
o h lo m
nt er c pl
ra w al y
ct is g w
. e o it
ii. T pr v h
h o er c
e vi n er
c d m ta
o e e in
nt d nt s
ra b u u
ct y ni b
is th t st
e e w a
nt C it nt
er o h iv
e d o e
d e, ut re
in n pr q
to o io ui
b c r re
y o a m
th nt ut e
e ra h nt
pr ct or s,
o m iz i.
p a at e.
er y io ,
d b n w
e e b h
p e y e
n y b. Ultra vires government or
e of contracts from any higher
x fu When a local
p n contract is government
e d entered into unit; Provided,
n s. without that projects
di iv. T compliance with financed by
tu h the first and the such grants or
re e third requisites assistance with
of c (above), the national
p o same is ultra security
u nt vires and is null implications
bl ra and void. Such shall be
ic ct contract cannot approved by
fu m be ratified or the national
n u validated. agency
d st Ratification of concerned.
is c defective
to o municipal 6. To exercise such
b m contracts is other powers as are
e pl possible only granted to
m y when there is corporations, subject
a w non-compliance to limitations provided
d it with the second in the Code and other
e, h and/or fourth laws.
th th requirements
er e above.
e fo Ratification may V. MUNICIPAL
m r be express or LIABILITY
u m implied.
st al A. Specific provisions
b re c. Authority to making LGUs liable:
e q negotiate and a. §24, RA 7160-
a ui secure Liability for
n re contracts (§23, damages- Local
a m RA 7160) government
ct e The local units and their
u nt chief executive officials are not
al s may, upon exempt from
a of authority of the liability for death
p w sanggunian, or injury to
pr rit negotiate and persons or
o te secure financial damage to
pr n grants or property.
ia c donations in b. Art. 2189,
ti o kind, in support NCC- The local
o nt of the basic government unit
n ra services and is liable in
a ct facilities damages for
n s, enumerated death or injuries
d e. under §17, from suffered by
a g. local and reason of the
c , foreign defective
er th assistance condition of
tif e agencies roads, streets,
ic S without bridges, public
at ta necessity of buildings and
e tu securing other public
of te clearance or works.
a of approval from c. Art. 2180,
v F any (par.6), NCC-
ai ra department, The State is
la u agency, or responsible
bi d office of the when it acts
lit s. national
 through a 3. Liability for violation benefits a. Engage in any
special agent. of law accepted or business
d. Art. 34, NCC- appropriated by transaction
The local Case: it as to which it with the local
government unit The has the general government
is subsidiarily Municipality of Bunawan, power to unit in which
liable for Agusan del Sur, through contract he is an
damages the Mayor, was held in (Province of official or
suffered by a contempt and fined Cebu vs. IAC, employee or
person by P1,000.00 with a warning, 147 SCRA over which he
reason of the because of the refusal of 447). has the power
failure or refusal the Mayor to abide by a The doctrine of
of a member of Temporary Restraining applies to all supervision,
the police force Order issued by the Court cases where or with any of
to render aid (Moday vs. CA, 243 money or its authorized
and prosecution SCRA 152). property of a boards,
in case of party is received officials,
danger to life 4. Liability for under such agents, or
and property. contracts circumstances attorneys,
a. General Rule- that the general whereby
2. Liability for Tort A municipal law, money is to
a. If the local corporation, like independent of be paid, or
government unit an ordinary an express property or
is engaged in person, is liable contract, implies any other
governmental on a contract it an obligation to thing of value
functions, it is enters into, do justice with is to be
NOT liable. provided that the respect to the transferred,
b. If engaged in contract is intra same. directly or
proprietary vires. If the Thus, in this indirectly, out
functions, local contract is ultra case, the of the
government unit vires, the Province of resources of
is liable. munipal Cebu cannot set the local
●Holding of corporation is up the plea that government
town fiesta is a not liable. the contract was unit to such
proprietary ultra vires and person or
function. The NOTES: still retain firm;
Municipality of ●A private individual benefits b. Hold such
Malasique, who deals with a thereunder. interests in
Pangasinan, municipal corporation Having regarded any cockpit or
was held liable is imputed the contract as other games
for the death of constructive valid for licensed by a
a member of the knowledge of the purposes of local
zarzuela group extent of the power or reaping benefits, government
when the stage authority of the the Province of unit;
collapsed, under municipal corporation Cebu is c. Purchase any
the principle of to enter into estopped to real estate or
respondeat contracts. question its other property
superior. ●Ordinarily, validity for the forfeited in
therefore, the purpose of favor of such
NOTE: doctrine of estoppel denying local
●The municipal does not lie against answerability. government
council managed the municipal unit for unpaid
town fiesta. While the corporation. taxes or
municipality was held VI. LOCAL OFFICIALS assessment,
liable, the councilors b. Doctrine of or by virtue of
themselves are not liable Implied A. Provisions a legal
for the negligence of their Municipal applicable to elective process at the
employees or agents. Liability- A and appointive officials instance of
(Torio vs. Fontanilla, municipality may 1. §89, RA 7160: the said local
85 SCRA 599) become Prohibited business government
obligated upon and pecuniary interest- unit;
c. Personal an implied It shall be unlawful for d. Be a surety
Liability of contract to pay any local government for any person
local officials the reasonable official or employee, contracting or
value of the directly or indirectly, to: doing
 business with profession elected in the June 30, 1995, when his
the local even during case of the application for repatriation
government office hours members of the was granted by the
unit for which only on sanggunian. Special committee on
a surety is emergencies iii. Resident Naturalization created
required; and and without therein for at under PD 825, he was
e. Possess or monetary least one year therefore qualified to be
use any public compensation immediately proclaimed. Besides, §39
property of . before the of the LGC speaks of
the local election qualifications of elective
government 3. Prohibition against iv. Ability to officials, not of candidates
unit for private appointment (§94, RA read and write (Frivaldo vs.
purposes. 7160) Filipino or any COMELEC, 271 SCRA
f. The a. No elective or other local 767).
prohibitions appointive dialect.
and inhibitions local official b. Age ●Petitioner was over 21
prescribed in shall be i. Candidates in years of age on the day
RA 6713 also eligible for provinces and of the election was
apply. appointment highly ordered disqualified by
or designation urbanized the Supreme Court when
2. Practice of to any public cities- at least the latter rejected the
Profession (§90, RA office during 23 years old contention of the
7160) his tenure. ii. Candidates petitioner that she was
a. Governors or b. Unless for mayor and qualified because she
mayors are otherwise vice mayor of was less than 22 years
prohibited allowed by component old. The phrase “not
from law or by the cities and more than 21 years old”
practicinìstrati primary municipalities- is not equivalent to “less
ve function of his at least 21 than 22 years old”
proceedings office, no years old (Garvida vs. Sales).
involving the elective or iii. Candidates
local appointive for sanggunian 2. Disqualifications
government local official members in (§40, RA 7160)- The
unit of which shall hold any component following are disqualified
he is an other office. cities and from running for any
official. c. Except for municipalities- elective local position:
iv. Use losing at least 18 a. Those
property and candidates in years old sentenced
personnel of barangay iv. Barangay by final
the elections, no officials- at judgment
government candidate who least 18 years for an
except when lost in any old offense
the election v. Sangguniang involving
sanggunian should be Kabataan- at moral
member is appointed to least 15-21 turpitude
defending the any office years or for an
interest of the within one offense
government. year after NOTES: punishable
election. ●Age- must be by one
Case: possessed on the day of year or
It was held that B. ELECTIVE LOCAL the election. more of
by appearing as counsel OFFICIALS ●The LGC does not imprisonm
for dismissed employees, specify any particular ent, within
City Councilor Javellana 1. Qualifications: date when the candidate two years
violated the prohibition a. Common must possess Filipino after
against engaging in qualifications: citizenzship. Philippine serving
private practice if such i. Filipino citizenship is required to sentence;
practice represents Citizen ensure that no alien shall b. Those
interests adverse to the ii. Registered govern our people. An removed
government. (Javellana voter of the official begins to govern from office
vs. DILG, 212 SCRA local only upon his as a result
475) government proclamation and on the of an
b. Physicians unit, or of the day that his term begins. administrat
may practice district where Since Frivaldo took his ive case;
their he intends to be oath of allegiance on
 c. Those respectiv and the of the
convicted e units. pederasy next local
by final The on ng elections
judgment sangguni mga as may
for ang sangguni be
violating kabataan ang provided
the oath of chairman kabataan by law.
allegiance shall be elected The
to the elected by their Comelec
Republic; by the respectiv shall
d. Those with registere e promulga
dual d voters chapters, te the
citizenship of the shall rules and
; katipuna serve as regulatio
e. Fugitives n ng ex officio ns to
from kabataan members effectivel
justice in . of the y provide
criminal or b. The sangguni for the
non- regular ang election
political members panlalawi of such
cases here of the gan, sectoral
or abroad; sangguni panlungs represent
f. Permanent ang od or atives.
residents panlalawi bayan.
in a gan, c. In 4. Date of Election
foreign panlungs addition, Every three
country or od and there years on the second
those who bayan shall be Monday of May, unless
have shall be one otherwise provided by
acquired elected sectoral law.
the right to by represent
reside district, ative 5. Term of Office
abroad as may from the Three years,
and be women, starting from noon of
continue to provided one from June 30, 1992, or such
avail of the by law. the date as may be provided
same right The workers, by law, except that of
after the president and one elective barangay
effectivity s of the from any officials. No local elective
of the leagues of the official shall serve for
Code; and of following more than three
g. The sangguni sectors: consecutive terms in the
insane or an urban same position. The term
feeble- members poor, of office of barangay
minded. of indigeno officials and members of
compone us the sangguniang
3. Manner of Election nt cities cultural kabataan shall be for five
a. The and communi years, which shall begin
governor, municipal ties, after the regular election
vice- ities shall disabled of barangay officials on
governor, serve as persons, the second Monday of
city or ex officio or any May, 1997. (R.A. 8524)
municipal members other
mayor, of the sector as ●The three-term limit on
city or sangguni may be a local official is to be
municipal ang determin understood to refer to
vice- panlalawi ed by the terms for which the
mayor gan sangguni official concerned was
and concerne an elected. Thus, a person
punong d. The concerne who was elected Vice
barangay president d within Mayor in 1988 and who,
shall be s of the 90 days because of the death of
elected liga ng prior to the Mayor, became
at large mga the Mayor in 1989, may still
in their barangay holding be eligible to run for the
position of Mayor in 1998, appointment by organization. fourth day of
even if elected as such in the President (§45) his absence.
1992 and 1995 (Borja v. ii. Component (§46)
Comelec, G.R. No. city and B. Temporary vacancy
133495, Sept. 3, municipality- a. When the 7. Compensation (§81,
1998). appointment by governor, R.A. 7160)
governor mayor or The compensation of
6. Rules on iii. Sangguniang punong local officials and
Succession (§44-46, barangay- barangay is personnel shall be
RA 7160) appointment by temporarily determined by the
A. Permanent mayor incapacitated sanggunian concerned,
vacancies: A iv. Except for the to perform his subject to the provisions
permanent vacancy sangguniang duties, the vice of R.A. 6758
arises when an barangay, the governor, vice (Compensation and
elective local official appointee shall mayor, or Position Classification Act
fills a higher vacant come from the ranking of 1989). The elective
office, refuses to political party of sangguniang barangay officials shall be
assume office, fails to the member barangay entitled to receive
qualify, dies, is who caused the member shall honoraria, allowances
removed from office, vacancy. exercise his and other emoluments as
voluntarily resigns, or powers except may be provided by law
is permanently NOTE: the power to or barangay, municipal or
incapacitated to ● A nomination and a appoint, city ordinance, but in no
discharge the certificate of membership suspend or case less than P1,000
functions of his office. of the appointee from the dismiss per month for the punong
a. Governor and highest official of the employees, barangay and P600 for
Mayor political party concerned which can only the sangguniang
i. Vice Governor are conditions sine qua be exercised barangay members.
and Vice Mayor non, and any after 30
ii. Sanggunian appointment without such working days. ●Elective local officials
members nomination and certificate b. When the local shall be entitled to the
according to shall be null and void and chief executive same leave privileges as
ranking shall be a ground for is traveling those enjoyed by
b. Punong administrative action within the appointive local officials,
barangay against the official Philippines for including the cumulation
i. Highest concerned. not more than and commutation thereof.
ranking 3 consecutive
sanggunian v. If the days, he may 7. Recall- termination of
member member does designate an official relationship of an
ii. Second not belong to officer-in- elective official for loss of
highest ranking any party, the charge. The confidence prior to the
sangguniang appointee shall authorization expiration of his term
barangay be shall specify through the will of the
member recommended the powers of electorate.
c. Ranking in the by the the officer-in-
sanggunian sanggunian. charge except a. By whom
shall be vi. The the power to exercised- by the
determined on appointee for appoint, registered voters of
the basis of the the sangguniang suspend or a local government
proportion of the barangay shall dismiss unit to which the
votes obtained be employees. local elective official
to the number of recommended c. If the local subject to such
registered votes by the chief executive recall belongs. (§69,
in each district. sangguniang does not issue R.A. 7160)
d. Ties will be barangay. the b. Two modes of
resolved by vii. Vacancy in authorization, initiating recall:
drawing of lots. the the vice i. By a
(§44) representation governor, vice preparatory recall
e. Sanggunian: of the youth and mayor, or assembly
i. Provinces, the barangay in highest ranking ii. By the
highly urbanized the sanggunian sangguniang registered voters of
cities and shall be filled by barangay the local government
independent the official next member shall unit
component in rank of the assume his c. Preparatory
cities- powers on the recall
 assembly- be validly initiated and ●Limitations on Recall:
composed of through a resolution representative 1. Any elective local
the following: adopted by a majority of of the official official may be the subject
i. Provincial all the members of the sought to be of a recall election only
level: All preparatory recall recalled, and in once during his term of
mayors, vice assembly concerned a public place in office for loss of
mayors and during its session called the province, confidence.
sanggunian for that purpose. city, municipality 2. No recall shall take
members of the or barangay, as place within one year
municipalities Case: the case may from the date of the
and component It was held that be, shall be filed official’s assumption to
cities. notice to all the members with the office or one year
ii. City level: of the Preparatory Recall Comelec immediately preceding a
All punong Assembly is imperative; through its office regular local election.
barangay and thus, where the resolution in the local ●The official sought to be
sangguniang was adopted without government unit recalled is automatically a
barangay giving notice to all the concerned. candidate.
members in the members of the PRA, the ii. The ●Recall shall be effective
city. same is fatally flawed Comelec or its upon the election and
iii. Legislative (Garcia vs. Comelec, duly authorized proclamation of
district level: G.R. No. 111511, representative successor receiving the
Where October 5, 1993) . shall cause the highest number of votes.
sangguniang However, in Malonzo vs. publication of
panlalalwigan Comelec, G.R. No. the petition in a 9. Resignation of
members are 127066, March 11, public and elective local officials
elected by 1997, it was held that conspicuous shall be deemed
district, all where the Comelec has place for a effective only upon
elective already conducted an period of not acceptance by the
municipal investigation and found less than 10 following authorities:
officials in the the initiatory recall days nor more a. The President,
district; and in proceedings to be in than 20 days, in case of
cases where accord with law, there is for the purpose governors,
sangguniang no necessity for the of verifying the vice
panglungsod Supreme Court to refer authenticity and governors, and
members are the matter of the veracity genuineness of mayors and
elected by of the questioned notices the petition and vice mayors of
district, all back to the Comelec. the required highly
elective percentage of urbanized
barangay e. Initiation of voters. cities and
officials in the recall by registered iii. Upon the independent
district. voters: Recall of a lapse of the component
iv. Municipal provincial, city, municipal aforesaid cities;
level: All or barangay official may period, the b. The governor,
punong also be validly initiated Comelec or its in case of
barangay and upon petition by at least duly authorized municipal
sangguniang 25% of the total number representative mayors and
barangay of registered voters in the shall announce vice mayors,
members in the local government unit the acceptance city mayors
municipality. concerned during the of candidates to and vice
election in which the local the position and mayors of
d. Procedure for official sought to be thereafter component
initiating recall recalled was elected. prepare the list cities;
by preparatory of candidates c. Sanggunian
recall assembly f. Procedure: which shall concerned, in
A majority of all the i. A written include the case of
preparatory recall petition for recall name of the sangguniang
assembly members may duly signed official sought to members; and
convene in session in a before the be recalled. d. The city or
public place and initiate a election registrar municipal
recall proceeding against or his ●The elective local mayor, in case
any elective official in the representative, official sought to be of barangay
local government unit and in the recalled shall not be officials.
concerned. Recall of presence of a allowed to resign while
provincial, city or representative the recall process is in ●Effectivity:
municipal officials shall of the petitioner progress.
 c. Resignation panlalawigan, 90-day period suspension may be
takes effect panlungsod, bayan and immediately imposed at any time:
upon barangay. preceding local a. After
acceptance. vii. Application election, it shall be the
d. It is deemed for, or acquisition of, deemed issues
accepted if not foreign citizenship or automatically lifted are
acted upon residence or the statusì upon the start of joined
within 15 Elective aforesaid period. ;
working days. barangay officials, shall b. When
e. Irrevocable be filed before the d. Preventive the
resignation by sangguiniang panlungsod Suspension evide
sanggunian or sangguniang bayan 1. Who may nce of
members takes concerned, whose impose: guilt is
effect upon decision shall be final and a. By the strong
presentation executory. Presid ; and
before an open ent, if c. Given
session. (§82, c. Notice of the the
R.A. 7160) Hearing (§62, R.A. respo gravit
7160)- (a) Within 7 ndent y of
10. Grievance days after the is an the
Procedure (§83, R.A. administrative electiv offens
7160)- The local chief complaint is filed, e e,
executive shall establish the Office of the official there
a procedure to inquire President or the of a is
into, act upon, resolve or sanggunian provin great
settle complaints and concerned as the ce, a proba
grievances presented by case may be, shall highly bility
local government require the urbani that
employees. respondent to zed or the
submit his verified an contin
11. Discipline (§60-68, answer within 15 indepe uance
R.A. 7160) days from receipt ndent in
a. Grounds for thereof, and compo office
disciplinary action: An commence the nent of the
elective local official may investigation of the city; respo
be disciplined, case within 10 days b. By the ndent
suspended, or removed after the receipt of gover could
from office on any of the such answer of the nor, if influe
following grounds: respondent. the nce
i. Disloyalty to (b) When the respo the
the Republic of the respondent is an ndent witnes
Philippines. elective official of a is an ses or
ii. Culpable province or highly electiv pose
violation of the urbanized city, such e local a
Constitution hearing and official threat
iii. investigation shall be of a to the
Dishonesty, oppression, conducted in the compo safety
misconduct in office, place where he nent and
gross negligence, or renders or holds city or integri
dereliction of duty. office. For all other munici ty of
iv. Commission local elective pality; the
of any offense involving officials, the venue c. By the record
moral turpitude or an shall be the place mayor, s and
offense punishable by at where the if the other
least prision mayor. sanggunian respo evide
v. Abuse concerned is ndent nce.
of located. is an
authorit (c) However, no electiv ●Provided that
y. investigation shall be e any single
vi. Unauthorized held within 90 days official preventive
absence for 15 immediately prior to of the suspension
consecutive working any local election, baran shall not extend
days, except in the case and no preventive gay. beyond 60
of members of the suspension shall be 2. When may be days, and in the
sangguniang imposed prior to the imposed: Preventive event several
 administrative proceedings against him, reasons for such panlalawigan and the
cases are filed which shall be terminated decision. Copy of said sangguniang panlungsod
against the within 120 days from the decision shall of highly urbanized cities
respondent, he time he was formally immediately be furnished and independent
cannot be notified of the case the respondent and all component cities.
suspended for against him. interested parties. Decisions of the Office of
more than 90 ●Any abuse of the President shall be
days within a the exercise of the power i. Penalty final and executory.
single year on of preventive suspension The penalty of
the same shall be penalized as suspension imposed Case:
ground or abuse of authority. upon the respondent shall The Supreme
grounds not exceed his unexpired Court ruled that certiorari
existing and f. Salary of term, or a period of 6 will not lie because there
known at the respondent pending months for every is still an adequate
time of the first suspension (§64, R.A. administrative offense, remedy available in the
suspension. 7160) nor shall said penalty be ordinary course of law,
The respondent a bar to the candidacy of i.e., appeal of the
Case: official preventively the respondent as long as decision of the
When the suspended from office he meets the Sangguniang
petitioner failed to file his shall receive no salary or qualifications required for Panlalawigan to the
answer despite the many compensation during the office. But the Office of the President
opportunities given to such suspension; but, penalty of removal from (Malinao vs. Reyes,
him, he was deemed to upon subsequent office as a result of an 255 SCRA 616).
have waived his right to exoneration and administrative
answer and to present reinstatement, he shall be investigation shall be a k. Execution
evidence. At that point, paid full salary or bar to the candidacy of pending appeal
the issues were deemed compensation including the respondent for any An appeal
joined, and it was proper such emoluments elective position. shall not prevent a
for the Executive accruing during such decision from being
Secretary to suspend suspension. Case: executed; the respondent
him, inasmuch as the The Supreme shall be considered as
Secretary found that the g. Rights of Court upheld the having been placed under
evidence of guilt was respondent (§65, R.A. imposition of the preventive suspension
strong and that 7160) administrative penalty of during the pendency of
continuance in office The respondent suspension of not more the appeal. But in Berces
could influence the shall be accorded full than 6 months for each vs. Executive Secretary,
witnesses and pose a opportunity to appear and offense, provided that the 241 SCRA 539, the
threat to the safety and defend himself in person successive service of the Supreme Court pointed
integrity of the evidence or by counsel, to confront sentence should not out that Administrative
against him (Joson vs. and cross-examine the exceed the unexpired Order No. 18 authorizes
Torres, 290 SCRA witnesses against him, portion of the term of the the Office of the
279). and to require the petitioners. The President to stay the
attendance of witnesses suspension did not execution of a decision
The authority to and the production of amount to removal from pending appeal. A.O. No.
preventively suspend is documentary evidence in office (Salalima vs. 18 was not repealed by
exercised concurrently by his favor through Guingona, 257 SCRA the Local Government
the Ombudsman, compulsory process of 55). Code.
pursuant to R.A. 6770; subpoena or subpoena
the same law authorizes duces tecum. j. Administrative l. Presidential
a preventive suspension appeal- Decisions may, power to grant
of six months (Hagad h. Form and notice within 30 days from executive
vs. Gozo-Dadole, G.R. of decision (§66a, R.A. receipt thereof, be clemency
no. 108072, Dec. 12, 7160) appealed to: m. Effect of re-
1995). The investigation i. The election
of the case shall be sangguniang The re-election of
e. Suspended terminated within 90 days panlalawigan, in the case a local official bars the
elective official when from the start thereof. of decisions of continuation of the
deemed reinstated Within 30 days after the component cities’ administrative case
Upon expiration end of the investigation, sangguniang panlungsod against him.
of the preventive the Office of the and the sangguiniang
suspension, the President or the bayan; C. Appointive Local
respondent shall be sanggunian concerned ii. The Office of Officials
deemed reinstated in shall render a decision in the President, in the case 1. Responsibility for
office without prejudice to writing stating clearly an of decisions of the human resources and
the continuation of the distinctly the facts and the sangguniang development- The local
chief executive shall be c. Ass p. Infor ntivel
responsible for human ess mati y
resources and or on susp
development in his unit d. Acc Offic end
and shall take all ount er for a
personnel actions in ant q. Coo perio
accordance with the e. Bud pera d not
Constitution, pertinent get tives exce
laws, including such Offic Offic eding
policies, guidelines and er er 60
standards as the Civil f. Plan r. Pop days
Service Commission may ning ulati any
establish; Provided that and on subor
the local chief executive Dev Offic dinat
may employ emergency elop er e
or casual employees or men s. Vete offici
laborers paid on a daily t rinar al or
wage or piecework basis Coo ian empl
and hired through job rdin t. Gen oyee
orders for local projects ator eral under
authorized by the g. Engi Serv his
sanggunian concerned, neer ices autho
without need of approval h. Heal Offic rity
or attestation by the CSC th er pendi
as long as the said Offic ng
employment shall not er NOTE: inves
exceed 6 months. i. Civil ●In the tigati
Regi barangay, the mandated on if
Case: strar appointive officials are the
But the j. Adm the Barangay Secretary charg
Provincial Governor is inist and the Barangay e
without authority to rator Treasurer, although other again
designate the petitioner k. Leg officials of the barangay st
as Assistant Provincial al may be appointed by the such
Treasurer for Offic punong barangay. offici
Administration, because er al or
under §471 of the Local l. Agri 3. Administrative empl
Government Code, it is cult discipline oyee
the Secretary of Finance urist involv
who has the power to m. Soci Investigation es
appoint Assistant al and adjudication of disho
Provincial Treasurers Welf administrative complaints nesty
from a list of are against appointive local ,
recommendees of the and officials and employees oppre
Provincial Governor Dev as well as their ssion
(Dimaandal vs. elop suspension and removal or
Commission on Audit, men shall be in accordance grave
291 SCRA 322). t with the civil service law misc
Offic and rules and other ondu
2. Officials er pertinent laws. ct or
common to all n. Envi negle
Municipalities, Cities ron a. Prev ct in
and Provinces (§469- men entiv the
490, R.A. 7160) t e perfo
a. Secr and susp rman
etar Nat ensio ce of
y to ural n- duty,
the Res The or if
San ourc local there
ggu es chief is
nian Offic exec reaso
b. Trea er utive n to
sure o. Arch may belie
r itect preve ve
that
 the in an al s
respo amou within t
ndent nt not 30 e
is exce days r
guilty eding from e
of the 6 recei d
charg mont pt
es hs’ there v
which salar of. o
woul y or t
d repri e
warra mand VII. LOCAL r
nt his . If INITIATIVE AND s
remo the REFERENDUM
val penal A. Local o
from ty Initiative f
the impo 1. D
servi sed e a
ce. is f
susp i l
b. Disci ensio n o
plinar n e c
y witho d a
Actio ut - l
n- pay
Exce for I g
pt as not t o
other more v
wise than i e
provi 30 s r
ded days, n
by his t m
law, decisi h e
the on e n
local shall t
chief be l
exec final; e u
utive if the g n
may penal a i
impo ty l t
se impo
the sed p m
penal is r a
ty of heavi o y
remo er, c
val the e d
from decisi s i
servi on s r
ce, shall e
demo be w c
tion appe h t
in alabl e l
rank, e to r y
susp the e
ensio Civil b p
n for Servi y r
not ce o
more Com t p
than missi h o
1 on e s
year which e
witho shall r ,
ut decid e
pay, e the g e
fine appe i n
a o cit
c v c ie
t o e s;
t d 1
o e u 0
r r r 0
s e v
a : ot
m o er
e f a. s
n Not less in
d t th c
h a a
a e n s
n 2, e
y p 0 of
r 0 m
o o 0 u
r v re ni
d i gi ci
i n st p
n c er ali
a e e ti
n s d e
c , v s,
e ot a
. c er n
i s d
I t in 5
t i th 0
e e in
m s re c
a , gi a
y o s
m n; e
b u 1, of
e n 0 b
i 0 ar
e c 0 a
x i re n
e p gi g
r a st a
c l er ys
i i e ,
s t d m
e i v a
d e ot y
s er fil
b s e
y a in a
n c p
a d a et
l s iti
l b e o
a of n
r r pr wi
e a o th
g n vi th
i g n e
s a c s
t y e a
e s s n
r a g
e 2. P n g
d r d u
 ni a ei th
a cti r e
n o d s
c n ul a
o is y n
n ta a g
c k ut g
er e h u
n n or ni
e b iz a
d y e n
pr th d c
o e a o
p s n n
o a d c
si n re er
n g gi n
g g st e
th u er d.
e ni e c.
a a d The
d n re pr
o c pr o
pt o e p
io n s o
n, c e sit
e er nt io
n n at n
a e iv s
ct d e h
m wi s, all
e th m b
nt in a e
, 3 y n
re 0 in u
p d v m
e a o b
al ys k er
or fr e e
a o th d
m m ei s
e pr r er
n e p ial
d s o ly,
m e w st
e nt er ar
nt at of ti
of io ini n
a n, ti g
n th at fr
or e iv o
di pr e, m
n o gi R
a p vi o
n o n m
c n g a
e. e n n
b. nt ot n
If no s, ic u
fa th e m
v ro th er
or u er al
a g e I.
bl h of T
e th to w
o xt cit to
or e ie c
m n s) oll
or d , e
e a 6 ct
pr ss 0 th
o ist d e
p a a re
o n ys q
sit c (i ui
io e n re
n in c d
s th a n
m e s u
a fo e m
y r of b
b m m er
e ul u of
s at ni si
u io ci g
b n p n
m of ali at
itt th ti ur
e e e e
d pr s) s.
in o a e.
a p n The
n o d p
ini sit 3 et
ti io 0 iti
at n. d o
iv d. a n
e. Propon ys s
T e (i h
h nt n all
e s c b
C s a e
o h s si
m all e g
el h of n
e a b e
c v ar d
or e a b
its 9 n ef
d 0 g or
e d a e
si a ys th
g ys ) e
n (i fr el
at n o e
e c m cti
d a n o
re s ot n
pr e ic re
e of e gi
s pr m st
e o e ra
nt vi nt r
at n io or
iv c n hi
e e e s
s s d d
h a in e
all n (b si
e d ) g
n a c ui
at n s re
e g h d
d g all n
re u c u
pr ni er m
e a tif b
s n y er
e c a of
nt o s si
at n to g
iv c w n
e er h at
s, n et ur
a e h e
n d er s
d in or d
in a n ef
th p ot e
e u th at
pr bli e s
e c re th
s pl q e
e a ui pr
n c re o
c e d p
e in n o
of th u sit
a e m io
re lo b n.
pr c er g.
e al of If the
s g si re
e o g q
nt v n ui
at er at re
iv n ur d
e m e n
of e s u
th nt h m
e u a b
pr ni s er
o t. b is
p f. e o
o Upon e bt
n th n ai
e e o n
nt la bt e
a p ai d,
n s n th
d e e e
a of d. C
re th F o
pr e ail m
e p ur el
s er e e
e io to c
nt d, o s
at th bt h
iv e ai all
e C n s
of o th et
th m e a
e el re d
s e q at
e fo n af
fo r c te
r th a r
th ei s w
e r e hi
ini a of c
ti p b h
at pr ar th
iv o a e
e v n re
d al g s
ur wi a ul
in th ys ts
g in ) th
w 6 fr er
hi 0 o e
c d m of
h a th s
th ys e h
e (i d all
pr n at b
o c e e
p a of c
o s c er
sit e er tifi
io of tifi e
n pr c d
is o at a
s vi io n
u n n d
b c b pr
m e y o
itt s) th cl
e , e ai
d 4 C m
to 5 o e
th d m d
e a el b
re ys e y
gi (i c. th
st n T e
er c h C
e a e o
d s ini m
v e ti el
ot of at e
er m iv c.
s u e h.
in ni s If the
th ci h pr
e p all o
lo ali b p
c ti e o
al e h sit
g s) el io
o , d n
v a o is
er n n a
n d th p
m 3 e pr
e 0 d o
nt d at v
u a e e
ni ys s d
t (i et b
y o o h
a n c a
m h a n
aj a l
or d i o
ity b n n
of e it c
th e i e
e n a
v ta ti a
ot k v
e e e y
s n : e
c th i. a
a er T r
st e h .
, o e ii
it n .
s b p I
h y o n
all th w it
ta e e i
k s r a
e a o ti
ef n f v
fe g l e
ct g o
1 u c s
5 ni a h
d a l a
a n i ll
ys a n e
af n it x
te d i t
r th a e
th e ti n
e lo v d
c c e
er al o
tifi c s n
c hi h l
at ef a y
io e ll t
n x n o
b e o
y c t s
th ut b u
e iv e b
C e j
o c e e
m o x c
el n e t
e c r s
c er c o
a n i r
s e s m
if d. e a
af d t
fir 3. t
m Limit m e
at ation o r
iv s: r s
e a. O e w
a n h
cti l t i
c t m
h b h e
e e ,
a f t
r o p h
e r r e
e o i
w p n
it t o it
h h s i
i e it a
n i i ti
n o v
t it n e
h i
e a p s
l ti r h
e v e a
g e s ll
a i e b
l s n e
p h t
o e e c
w l d a
e d n
r , a c
s t n e
o h d ll
f e e
t t d
h s h .
e a e H
n l o
s g o w
a g c e
n u a v
g n l e
g i c r
u a h ,
n n i t
i e h
a c f o
n o e s
n x e
t c e
o e c a
r u g
e n ti a
n e v i
a d e n
c s
t a a t
. d p s
ii o p u
i. p r c
I t o h
f s v
a i e a
t n s c
a t ti
n t h o
y o e n
ti t
m o s m
e a a
 y t ti g
, h v g
if e e u
t n
h s a i
e a n a
y n d n
s g
o g r w
u e it
d n f h
e i e i
s a r n
i n e
r : n 6
e A d
, n u m
a y m o
p p n
p r s t
l o h h
y p a s
f o ll f
o s n r
r it o o
i i t m
n o b
it n e t
i h
a o r e
ti r e
v o p d
e r e a
i d a t
n i l e
n e
t a d o
h n , f
e c m a
e o p
m d p
a a if r
n p i o
n p e v
e r d a
r o l
h v o t
e e r h
r d a e
e m r
i t e e
n h n o
r d f
p o e ,
r u d a
o g n
v h b d
i y
d a t m
e n h a
d i e y
. n b
b. O it s e
n i a
a n a
m ll e Come
e it lec
n s a within
d m p 60
e e p days
d m r (in
, b o case
m e v of
o r a provin
d s l ces),
if . t 45
i I h days
e n e (in
d r case
c e of
o a o munic
r s f ipaliti
r e . es)
e and
p o B. Local 30
e f referendum: days
a b 3. Defin (in
l a ed- It case
e r is the of
d a legal baran
n proce gays).
w g ss The
it a where Come
h y by the lec
i s regist shall
n , ered certify
t voters and
3 h of the procla
e local im the
y gover result
e p nmen s of
a e t units the
r r may said
s i appro refere
t o ve, ndum
h d amen .
e d or
r s reject C. Authority of
e h any Courts-
a a ordin Nothing in the
f ll ance foregoing shall
t b enact preclude the
e e ed by proper courts
r the from declaring
b 1 sangg null and void
y 8 unian. any proposition
a 4. The approved
m local pursuant hereto
v o refere for violation of
o n ndum the Constitution
t t shall or want of
e h be capacity of the
s held sanggunian
o a under concerned to
f f the enact said
¾ t contr measure.
e ol and
o r directi
f t on of VIII. LOCAL
a h the GOVERNMENT UNITS
 A. The Barangay creat ns in ns in
1. Chief e autho autho
Officials and Offices such rity in rity,
a. There other their shall
shall positi jurisdi be
be in ons ction, deem
each or while ed as
baran office other agent
gay a s as baran s of
puno may gay perso
ng be officia ns in
baran deem ls and autho
agy, ed mem rity.
seven neces bers c. §389
(7) sary who (b)5),
sangg to may R.A.
unian carry be 7160,
g out desig provid
baran the nated es
gay purpo by that
mem ses of law or the
bers, the ordin puno
the baran ance ng
sangg gay and baran
unian gover charg gay
g nmen ed shall,
kabat t. with upon
aan b. For the appro
chair purpo maint val by
man, ses of enanc a
a the e of majori
baran Revis public ty of
gay ed order, all the
secret Penal prote mem
ary Code, ction bers
and a the and of the
baran puno securi Sang
gay ng ty of gunia
treas baran life ng
urer. gay, and Baran
There sangg prope gay,
shall unian rty, or appoi
also g the nt or
be in baran maint replac
every gay enanc e the
baran mem e of a baran
gay a bers, desira gay
lupon and ble treas
g the and urer,
tagap mem balan the
amay bers ced baran
apa. of the enviro gay
The lupon nmen secret
sangg g t, and ary,
unian tagap any and
g amay baran other
baran apa in gay appoi
gay each mem ntive
may baran ber local
form gay who officia
comm shall come ls.
unity be s to
briga deem the 2. The
des ed as aid of Barangay
and perso perso Assembly
 There baran a. Lupo the
shall be a gay ng amica
barangay and Tagap ble
assembly the amay settle
composed of all city or apa ment
persons who munici There of
are actual pality is hereby disput
residents of the concer created in each es,
barangay for at ned; barangay a and to
least 6 months, ii. lupong enable
15 years of age Decid tagapamayapa, variou
or over, citizens e on composed of s
of the the the punong concili
Philippines, and adopti barangay as ation
duly registered on of chairman and panel
in the list of initiativ 10 to 20 memb
barangay e as a members. The ers to
assembly legal Lupon shall be share
members. It proces constituted with
shall meet at s every 3 years. one
least twice a where b. Powe anoth
year to hear by the rs of er
and discuss the registe the their
semestral red Lupo observ
report of the voters n: ations
sangguniang of the i. and
barangay baran Exerci experi
concerning its gay se ences
activities and may admini in
finances, as directl strativ effecti
well as y e ng
problems propos superv speed
affecting the e, ision y
barangay. enact over resolut
or the ion of
a. Power amend concili disput
s of any ation es;
the ordina panels and
Baran nce; ; iii.
gay and ii. Exerci
Asse iii. Meet se
mbly: Hear regula such
i. and rly other
Initiate pass once a power
legisla upon month s and
tive the to perfor
proces semes provid m
ses by tral e a such
recom report forum other
mendi of the for duties
ng to sangg excha and
the uniang nge of functio
sangg baran ideas ns as
uniang gay amon may
baran concer g its be
gay ning memb prescri
the its ers bed by
adopti activiti and law or
on of es and the ordina
measu financ public nce.
res for es. of c. Pang
the matter kat
welfar 3. s ng
e of Katarungang releva Tagap
the Pambarangay nt to
agkas by lots one s
undo drawn party unless
There by the is a the
shall lupon public parties
be chairm officer theret
constit an. or o
uted d. Subje emplo agree
for ct yee, to
each matte and submit
disput r of the their
e amica disput differe
broug ble e nces
ht settle relates to
before ment: to the amica
the The perfor ble
lupon Lupon mance settle
a of of his ment
concili each official by an
ation baran functio appro
panel gay ns; priate
to be shall iii. lupon;
known have Offens vi.
as the author es Disput
pangk ity to punish es
at ng bring able involvi
tagap togeth by ng
agkas er the impris parties
undo, parties onme who
consis actuall nt actuall
ting of y excee y
3 residin ding reside
memb g in one in
ers the (1) baran
who same year gays
shall city or or a of
be munici fine of differe
chose pality P5,00 nt
n by for 0.00. cities
the amica iv. or
parties ble Offens munici
to the settle es palitie
disput ment where s,
e from of all there except
the list disput is no where
of es private such
memb except offend baran
ers of ; ed gay
the i. party; units
lupon. Where v. adjoin
Shoul one Where each
d the party the other
parties is the disput and
fail to gover e the
agree nment involv parties
on the or any es real theret
pangk subdiv proper o
at ision ties agree
memb or locate to
ership, instru d in submit
the mental differe their
same ity nt differe
shall thereo cities nces
be f; or to
deter ii. munici amica
mined Where palitie ble
 settle b. Katipunan pangmetro
ment ng Kabataan: politang
by an Shall be pederasyon
appro compsed of all ;
priate citizens of the v. On
lupon; Philippines the national
vii. actually level,
Such residing in the pambansan
other barangay for at g
classe least 6 months, pederasyon
s of who are 15 but .
disput not more than
es 21 years of B. The Municipality
which age, who are C. The City
the duly registered D. The Province
Presid in the list of the E. Leagues of Local
ent sangguniang Government
may kabataan or in Units/Officials:
deter the official list in 1. Liga ng mga
mine the custody of Barangay- Organization
in the the barangay of all barangays for the
interes secretary. It primary purpose of
t of shall meet once determining the
justice every 3 months, representation of the Liga
or or at the call of in the sanggunians, and
upon the sanggunian for ventilating, articulating
the kabataan and crystallizing issues
recom chairman, or affecting barangay
mend upon written government
ation petition of at administration and
of the least 1/20 of its securing, through proper
Secret members. and legal means,
ary of solutions thereto.
Justic c.
e. Pederasyon ng Case:
mga Where the
4. sangguniang Supreme Court held that
Sangguniang kabataan: Sec. 493, R.A. 7160,
Kabataan: There shall be which empowers the Liga
a. Creation; an organization to “create such other
composition: of all the positions as may be
There shall be pederasyon ng deemed necessary”, is
in every mga valid, and does not
barangay a sangguniang constitute an irregular
sangguniang kabataan: delegation of power
kabataan to be i. In (Viola vs. Alunan, G.R.
composed of a municipalities, No. 115844, August
chairman, the pambayang 15, 1997)
seven pederasyon;
members, a ii. In 2. League of
secretary and a cities, Municipalities-
treasurer. An panlungsod na Organized for the primary
official who, pederasyon; purpose of ventilating,
during his term iii. In articulating and
of office, shall provinces, crystallizing issues
have passed panlalawiga affecting municipal
the age of 21 ng governments
shall be allowed pederasyon administration, and
to serve the ; securing, through proper
remaining iv. In and legal means,
portion of the special solutions thereto.
term for which metropolita
he was elected. n political
subdivision
s,